and, can one parent take the child to paternity test, without the other parent's consent?
Family Law Attorney
Before you do the test, you should review the specific facts with your attorney to see whether you still have an opportunity to challenge the parentage of the child.
The statutes provide that the results of genetic testing are admissible only if authorized by the court.
While you can certainly have genetic testing done without a court order, the results likely would not be admissible.
If the child is four or older, the potential parents of the child likely have lost the right to challenge the parentage of the child.
If you have had a good parental relationship with the child, the court may still deny your petition even if you are within the statutory time.
2 lawyers agree
Family Law Attorney
The best procedure is to file a parentage case and get a court order requiring the dna test. This can be done without the other parent's consent. The parentage case, dna test, and child support can all be done by the state if you apply for collection services from the Division of Child Support. It's free. See my AVVO Legal Guides on parentage cases and child support for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
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